Terms of Service

The gist:

We here at PrismHR Hiring ("PrismHR Hiring") run an online recruiting service and would love
for you to use it. Our service is designed
to give you as much control and ownership over what goes on your job listing service as possible.
However, be responsible in your use of our software. In particular, make sure that none of the prohibited items
listed below appear on your job listing service, or get linked to from your service (things like spam,
viruses, or hate content).

PrismHR Hiring reserves the right to remove any posting(s) if, based on, but not limited to, the following guidelines, the information contained in the posting:

violates any international, federal, state, or local laws

discriminates on the basis of age, gender, religion, disability, or race

contains misleading, false, or inaccurate information

contains material or links to material that is exploitative in a sexual or violent manner, or solicits work for people under the age of 18

advertises any commission only position, unless that is clearly stated in the job posting, and clearly states the product or service the applicant would be selling

Terms of Service:

The following terms and conditions govern all use of the
PrismHR Hiring website and all content, services and products available
at or through the website, including, but not limited to, the
PrismHR Hiring job listing service, (taken together, the Website). The
Website is owned and operated by PrismHR Hiring. The Website is
offered subject to your acceptance without modification of all of the
terms and conditions contained herein and all other operating rules,
policies (including, without limitation, PrismHR Hiring’s Privacy Policy) and procedures that may be published from time to time on this Site by PrismHR Hiring (collectively, the “Agreement”).

Please read this Agreement carefully before accessing or using the
Website. By accessing or using any part of the web site, you agree to
become bound by the terms and conditions of this agreement. If you do
not agree to all the terms and conditions of this agreement, then you
may not access the Website or use any services. If these terms and
conditions are considered an offer by PrismHR Hiring, acceptance
is expressly limited to these terms. The Website is available only to
individuals who are at least 13 years old. PrismHR Hiring reserves the right to refuse Service to anyone, or cancel an account, for any reason at any time.

In the event of unauthorized access to or use of personally-identifying information (i.e. data that identifies an individual that compromises the security, confidentiality, availability or integrity of such personally identifying confidential information and does or is reasonably likely to result in misuse of such personally identifying confidential Information ("Security Incident")), in PrismHR Hiring's possession or control, PrismHR Hiring agrees to comply with all applicable breach notification laws of the relevant states and to reasonably cooperate with you in your investigation of the Security Incident.

Rules of Conduct As a user of PrismHR Hiring, you agree that you:

will not respond to postings by other users in any way other than that which is expected (i.e. contacting a job applicant to discuss the job posting applied for or submitting an application for a job posting).

will not communicate with other users in a solicitous manner, including communications made via email.

will protect the security of your password. Protecting your password is your responsibility. You are responsible for all uses associated with your account registration regardless of whether or not you authorized use thereof. If someone gains access to your account and uses it in such a way that violates our Terms of Service, PrismHR Hiring reserves the right to cancel your account. You agree to notify support in the event that you become aware of unauthorized use of your account.

will notify support if you become aware of any misuse of PrismHR Hiring.

will not tamper with the material posted by other users.

have accurately represented your business to PrismHR Hiring If PrismHR Hiring becomes aware at any time that you misrepresented your business in any way, PrismHR Hiring reserves the right to cancel your account.

Your PrismHR Hiring Account and Site. If you
create an account on the Website, you are responsible for maintaining
the security of your account and your job listing service, and you are
fully responsible for all activities that occur under the account and
any other actions taken in connection with the job listing service. You
must not describe or assign keywords to your job listing service in a
misleading or unlawful manner, including in a manner intended to trade
on the name or reputation of others, and PrismHR Hiring may
change or remove any description or keyword that it considers
inappropriate or unlawful, or otherwise likely to cause PrismHR Hiring liability. You must immediately notify PrismHR Hiring of
any unauthorized uses of your job listing service, your account or any
other breaches of security. PrismHR Hiring will not be liable for
any acts or omissions by You, including any damages of any kind
incurred as a result of such acts or omissions.

Responsibility of Contributors. If you operate a
job listing service, comment on a job listing service, post material to
the Website, post links on the Website, or otherwise make (or allow any
third party to make) material available by means of the Website (any
such material, “Content”), You are entirely responsible for the content
of, and any harm resulting from, that Content. That is the case
regardless of whether the Content in question constitutes text,
graphics, an audio file, or computer software. By making Content
available, you represent and warrant that:

each active job listing you publish in your PrismHR Hiring account is unique (having more than one active job listing for the same open position is expressly prohibited) and;

the downloading, copying and use of the Content will not infringe
the proprietary rights, including but not limited to the copyright,
patent, trademark or trade secret rights, of any third party;

if your employer has rights to intellectual property you create, you
have either (i) received permission from your employer to post or make
available the Content, including but not limited to any software, or
(ii) secured from your employer a waiver as to all rights in or to the
Content;

you have fully complied with any third-party licenses relating to
the Content, and have done all things necessary to successfully pass
through to end users any required terms;

the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;

the Content is not spam, is not machine- or
randomly-generated, and does not contain unethical or unwanted
commercial content designed to drive traffic to third party sites or
boost the search engine rankings of third party sites, or to further
unlawful acts (such as phishing) or mislead recipients as to the source
of the material (such as spoofing);

the Content is not pornographic, libelous or defamatory (more info on what that means),
does not contain threats or incite violence towards individuals or
entities, and does not violate the privacy or publicity rights of any
third party;

your job listing service is not getting advertised via unwanted
electronic messages such as spam links on newsgroups, email lists, other
services and web sites, and similar unsolicited promotional methods;

your job listing service is not named in a manner that misleads your
readers into thinking that you are another person or company. For
example, your job listing service’s URL or name is not the name of a
person other than yourself or company other than your own; and

you have, in the case of Content that includes computer code,
accurately categorized and/or described the type, nature, uses and
effects of the materials, whether requested to do so by PrismHR Hiring or otherwise.

By submitting Content to PrismHR Hiring for inclusion on your Website, you grant PrismHR Hiring a world-wide, royalty-free, and non-exclusive license to include submitted content on PrismHR Hiring’s website and/or to reproduce, modify, adapt and publish the Content for the purpose of displaying, distributing and promoting your Content and/or PrismHR Hiring. If you delete Content, PrismHR Hiring will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.

Without limiting any of those representations or warranties, PrismHR Hiring has the right (though not the obligation) to, at PrismHR Hiring’s sole discretion (i) refuse or remove any content that,
in PrismHR Hiring’s reasonable opinion, violates any PrismHR Hiring policy or is in any way harmful or objectionable, or (ii)
terminate or deny access to and use of the Website to any individual or
entity for any reason, in PrismHR Hiring’s sole discretion.
PrismHR Hiring will have no obligation to provide a refund of any
amounts previously paid.

Fees and Payment. Optional premium paid services such as recurring subscriptions, extra storage, job posting advertisements, background checks, domain purchases or other options may be available on the Website. By selecting a premium service, you agree to pay PrismHR Hiring any fees indicated for that service. Payments will be charged on the day you sign up for a premium service and will cover the use of that service for a given time period as indicated. Premium service and/or subscription fees are not refundable.
PrismHR Hiring reserves the right, at any time, to change its prices and billing methods for the Service, effective immediately upon posting to the Site or by email delivery to you.

Refund Policy.
PrismHR Hiring is a recurring subscription service, and the service is charged or billed automatically at each renewal date unless you make modifications to your subscription that impact your billing cycle and/or the amount due. When you cancel your PrismHR Hiring subscription, we will not bill you again, but do not offer refunds or credits for partial or unused terms of service or for upgrades/downgrades. For any upgrade in subscription plan level, the new plan level and fee are effective immediately at the point in time when you upgrade. Downgrading your Service will not result in any refund and may cause the loss of access to content, features, or capacity of your Account.
For any upgrade in subscription plan level, the credit card that you provided will automatically be charged at the point in time when you upgrade. Downgrading your Service will not result in any refund and may cause the loss of access to content, features, or capacity of your Account.

Free and Paid Job Boards
PrismHR Hiring offers its users the option to indicate a preference to post an active job posting(s) in a user’s PrismHR Hiring account to PrismHR Hiring’s network of free job boards. PrismHR Hiring also offers its users the option to purchase advertising for an active job posting(s) in a user’s PrismHR Hiring account to participating members of PrismHR Hiring’s network of paid online job boards. Each participating member of PrismHR Hiring’s free and paid job board network has its own set of terms and conditions governing the posting of jobs on its job board website. For this reason, PrismHR Hiring reserves the right to suppress from free and/or paid syndication any posting for any reason. Suppressing an active job posting from syndication is not a decision we take lightly, but is sometimes necessary due to participating members’ job posting terms and conditions. It is the user's responsibility to ensure that a user's job posting is in compliance with the terms and conditions of any job board (free or paid) the user wishes to post a position to. PrismHR Hiring will not collect payment from a user for advertising a job posting where PrismHR Hiring does not and/or cannot syndicate the job posting to the paid job board in question. The participating members of this free and paid online job board network are subject to change.

Responsibility of Website Visitors. PrismHR Hiring has not reviewed, and cannot review, all of the material,
including computer software, posted to the Website, and cannot therefore
be responsible for that material’s content, use or effects. By
operating the Website, PrismHR Hiring does not represent or imply
that it endorses the material there posted, or that it believes such
material to be accurate, useful or non-harmful. You are responsible for
taking precautions as necessary to protect yourself and your computer
systems from viruses, worms, Trojan horses, and other harmful or
destructive content. The Website may contain content that is offensive,
indecent, or otherwise objectionable, as well as content containing
technical inaccuracies, typographical mistakes, and other errors. The
Website may also contain material that violates the privacy or publicity
rights, or infringes the intellectual property and other proprietary
rights, of third parties, or the downloading, copying or use of which is
subject to additional terms and conditions, stated or unstated. PrismHR Hiring disclaims any responsibility for any harm resulting from
the use by visitors of the Website, or from any downloading by those
visitors of content there posted.

Content Posted on Other Websites. We have not
reviewed, and cannot review, all of the material, including computer
software, made available through the websites and webpages to which
PrismHR Hiring links, and that link to PrismHR Hiring. PrismHR Hiring does not have any control over those non-PrismHR Hiring websites
and webpages, and is not responsible for their contents or their use. By
linking to a non-PrismHR Hiring website or webpage, PrismHR Hiring
does not represent or imply that it endorses such website or webpage.
You are responsible for taking precautions as necessary to protect
yourself and your computer systems from viruses, worms, Trojan horses,
and other harmful or destructive content. PrismHR Hiring
disclaims any responsibility for any harm resulting from your use of
non-PrismHR Hiring websites and webpages.

Copyright Infringement and DMCA Policy. As PrismHR Hiring
asks others to respect its intellectual property rights, it respects the intellectual property
rights of others. If you believe that material located on or linked to by PrismHR Hiring
violates your copyright, you are encouraged to notify PrismHR Hiring in accordance
with our Digital Millennium Copyright Act (”DMCA”) Policy. PrismHR Hiring
will respond to all such notices, including as required or appropriate by removing the infringing
material or disabling all links to the infringing material. In the case of a visitor who may infringe
or repeatedly infringes the copyrights or other intellectual property rights of
PrismHR Hiring or others, PrismHR Hiring may, in its discretion,
terminate or deny access to and use of the Website. In the case of such termination, PrismHR Hiring
will have no obligation to provide a refund of any amounts previously paid to PrismHR Hiring.

Intellectual Property. This Agreement does not
transfer from PrismHR Hiring to you any PrismHR Hiring or
third party intellectual property, and all right, title and interest in
and to such property will remain (as between the parties) solely with
PrismHR Hiring, the
PrismHR Hiring logo, and all other trademarks, service marks, graphics
and logos used in connection with PrismHR Hiring, or the Website are
trademarks or registered trademarks of PrismHR Hiring or PrismHR Hiring’s licensors. Other trademarks, service marks, graphics and
logos used in connection with the Website may be the trademarks of
other third parties. Your use of the Website grants you no right or
license to reproduce or otherwise use any PrismHR Hiring or
third-party trademarks.

Reliance on Third-Party Systems
PrismHR Hiring does not store any credit card information from you. Instead, we pass credit card information to our payment gateway, such as Authorize.Net, through a payment management software provider, such as Chargify, and the payment gateway stores it in their system. We are not responsible or liable for any problems that arise as a result of credit card information being misused after we have passed it to our payment gateway for storage by them.

Notices:
Except as otherwise provided in this Agreement, notices and other communications under this Agreement shall be in writing and shall be delivered, mailed by first class mail, postage prepaid, or sent by facsimile or electronic mail, addressed, (a) if to you, at the address kept in our files or at such other address as you shall have furnished to us in writing, or (b) if to us, at:
PrismHR Hiring
731 E 5th Street
Bethlehem, PA 18015
USA
Your notice must specify your name and Account. Each such notice, request, or other communication shall be effective (i) if given by mail, 72 hours after such communication is deposited in the mails with first class postage prepaid, addressed as aforesaid, (ii) if sent by facsimile or email, when sent and receipt is electronically confirmed or (iii) if given by any other means (including, without limitation, by air courier), when delivered at the address specified above. Oral notices shall be deemed effective on the date reflected in our records.

Service Availability
We will make every available effort to keep PrismHR Hiring Services operational 24 hours a day, 7 days a week. There will be periods of downtime for maintenance and upgrades, and sometimes, for reasons that we did not plan. We will attempt to provide at least 24 hours of notice for scheduled maintenance or downtime, but some downtime may be unscheduled and beyond our control.
WE MAKE NO GUARANTEE AS TO UPTIME OR AVAILABILITY OF THE SERVICE.

Email Communications from PrismHR Hiring to You
You agree that PrismHR Hiring may send email messages to you from time to time regarding planned service downtime, new features, and other communications that we believe our users will want to know about. You may opt out of receiving these emails by using the opt-out link provided in the email or by contacting support@prismhr-hire.com. Some email messages are related to your account status and can only be opted-out of by canceling your PrismHR Hiring account.

Changes. PrismHR Hiring reserves the right,
at its sole discretion, to modify or replace any part of this Agreement.
It is your responsibility to check this Agreement periodically for
changes. Your continued use of or access to the Website following the
posting of any changes to this Agreement constitutes acceptance of those
changes. PrismHR Hiring may also, in the future, offer new
services and/or features through the Website (including, the release of
new tools and resources). Such new features and/or services shall be
subject to the terms and conditions of this Agreement.

Termination. PrismHR Hiring may terminate
your access to all or any part of the Website at any time, with or
without cause, with or without notice, effective immediately. If you
wish to terminate this Agreement or your PrismHR Hiring account (if you
have one), you may simply discontinue using the Website.
Notwithstanding the foregoing, if you have a premium Services account,
such account can only be terminated by PrismHR Hiring if you
materially breach this Agreement and fail to cure such breach within
thirty (30) days from PrismHR Hiring’s notice to you thereof;
provided that, PrismHR Hiring can terminate the Website
immediately as part of a general shut down of our service. All
provisions of this Agreement which by their nature should survive
termination shall survive termination, including, without limitation,
ownership provisions, warranty disclaimers, indemnity and limitations of
liability.

Disclaimer of Warranties. The
Website is provided “as is”. PrismHR Hiring and its suppliers and
licensors hereby disclaim all warranties of any kind, express or
implied, including, without limitation, the warranties of
merchantability, fitness for a particular purpose and non-infringement.
Neither PrismHR Hiring nor its suppliers and licensors, makes any
warranty that the Website will be error free or that access thereto
will be continuous or uninterrupted. If you’re actually reading this,
we salute you. You understand that you download from, or otherwise
obtain content or services through, the Website at your own discretion
and risk.

Limitation of Liability. In no
event shall PrismHR Hiring, its parents, subsidiaries, affiliates and their respective members, managers, directors, officers, employees, stockholders, or agents be liable for any damages including, but not limited to, direct, compensatory, indirect, incidental, consequential, special, exemplary, or punitive damages (including, without limitation, damages for loss of profits, business interruption, loss of information) arising out of or relating to (i) your inability to use the materials, content, services or accounts; (ii) your misuse of the materials, content services or accounts; (iii) nonperformance or a failure of the services caused by acts or omissions of another service provider, (iv) equipment or software failure or modification; (v) telecommunications or computer equipment failures, or (vi) acts of God, or other causes beyond our reasonable control. The foregoing shall apply even if PrismHR Hiring has been advised of the possibility of such damages. PrismHR Hiring also makes no representations or warranties that your access to and use of the site, materials, content, services and accounts (1) will be uninterrupted or error free; (2) is free of viruses, unauthorized code, or other harmful components; (3) is secure; or (4) will meet your satisfaction. You are responsible for taking all precautions you believe necessary or advisable to protect you against any claim, damage, loss or hazard that may arise by virtue of your use of the site, materials, content, service and account.
In no event shall PrismHR Hiring, its parents, subsidiaries, affiliates and their respective members, managers, directors, officers, employees, stockholders, agents and any underlying carrier be liable for injuries to persons or property arising from use of the services, or any equipment used in connection with the services.
If, notwithstanding the other terms of this agreement, PrismHR Hiring should have any liability to you or any third party for any loss, harm or damage, you and PrismHR Hiring agree that in no event shall liability of PrismHR Hiring to you for any reason exceed our service charges during the affected period giving rise to such liability.
You and PrismHR Hiring agree that this section of the agreement, "Limitation of Liability", is an agreed allocation of risk between you and PrismHR Hiring You acknowledge that, absent your agreement to this Limitation of Liability, PrismHR Hiring would not provide the site, materials, content, services, or accounts to you.

General Representation and Warranty. You represent
and warrant that (i) your use of the Website will be in strict
accordance with the PrismHR Hiring Privacy Policy, with this
Agreement and with all applicable laws and regulations (including
without limitation any local laws or regulations in your country, state,
city, or other governmental area, regarding online conduct and
acceptable content, and including all applicable laws regarding the
transmission of technical data exported from the United States or the
country in which you reside) and (ii) your use of the Website will not
infringe or misappropriate the intellectual property rights of any third
party.

Indemnification. You agree to defend, indemnify, and hold harmless PrismHR Hiring, its parents, subsidiaries, affiliates, and their respective members, managers, directors, officers, employees, stockholders, agents and any underlying carrier, harmless from and against any and all claims, expenses or damages (including attorneys' fees), whether known or unknown, arising from, incurred as a result of, or in any manner related to (a) your use of the Services, (b) any other person's use of any account you maintain, or (c) your promises or statements made in this agreement. You hereby agree to waive all laws that may limit the effectiveness of the foregoing releases. This indemnification shall apply to the fullest extend permitted by law and shall survive termination of this agreement.

Miscellaneous. This Agreement constitutes the
entire agreement between PrismHR Hiring and you (sometimes collectively referred to as the “parties”) concerning the subject matter hereof, and it may only be modified by a written amendment signed by an authorized executive of PrismHR Hiring, or by the posting by PrismHR Hiring of a revised version.

Except with respect to any dispute involving a party’s intellectual property rights, all disputes arising under this Agreement or relating to use of the Website shall promptly be submitted to arbitration in Northampton County, Pennsylvania, before one arbitrator (who need not be AAA personnel) in accordance with the rules of the American Arbitration Association. The arbitrator may assess costs, including counsel fees, in such manner as the arbitrator deems fair and equitable. The award of the arbitrator shall be final and binding upon all parties, and judgment upon the award may be entered in any court of competent jurisdiction, unless otherwise provided herein.

This Agreement shall be governed by the laws of the Commonwealth of Pennsylvania, without regard to the conflicts of laws doctrine of such state. Jurisdiction and venue over any intellectual property dispute arising under this Agreement shall lie with the Northampton County Court of Common Pleas or the United States District Court for the Eastern District of Pennsylvania. The parties waive any objections to such jurisdiction. Should either party attempt to resolve an intellectual property dispute by any method other than pursuant to this section, the responding party is entitled to recover from the initiating party all damages, expenses and attorneys’ fees incurred as a result of that breach. Any party to this Agreement who breaches the intellectual property provisions of this Agreement shall be liable for all expenses, including costs and attorneys’ fees, incurred by the Company to enforce this Agreement, regardless of the outcome of the matter.

In addition, the prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect PrismHR Hiring’s original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. PrismHR Hiring may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties and their respective and applicable successors, personal representatives, heirs and permitted assigns.

Except to
the extent applicable law, if any, provides otherwise, this Agreement,
any access to or use of the Website will be governed by the laws of the
state of Oregon, U.S.A., excluding its conflict of law provisions, and
the proper venue for any disputes arising out of or relating to any of
the same will be the state and federal courts located in Multnohmah
County, Oregon. Except for claims for injunctive or equitable relief or
claims regarding intellectual property rights (which may be brought in
any competent court without the posting of a bond), any dispute arising
under this Agreement shall be finally settled in accordance with the
Comprehensive Arbitration Rules of the Judicial Arbitration and
Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in
accordance with such Rules. The arbitration shall take place in
Portland, Oregon, in the English language and the arbitral decision may
be enforced in any court. The prevailing party in any action or
proceeding to enforce this Agreement shall be entitled to costs and
attorneys’ fees. If any part of this Agreement is held invalid or
unenforceable, that part will be construed to reflect the parties’
original intent, and the remaining portions will remain in full force
and effect. A waiver by either party of any term or condition of this
Agreement or any breach thereof, in any one instance, will not waive
such term or condition or any subsequent breach thereof. You may assign
your rights under this Agreement to any party that consents to, and
agrees to be bound by, its terms and conditions; PrismHR Hiring
may assign its rights under this Agreement without condition. This
Agreement will be binding upon and will inure to the benefit of the
parties, their successors and permitted assigns.

Information for Job Applicants

If you have applied for a job at a website that contains "prismhr-hire.com" in the URL, please read this important information. PrismHR Hiring is online applicant tracking software that provides employers with a tool to post jobs online and manage their applicants. We are not a job board. Part of PrismHR Hiring's software services include providing Users with a job listings page where applicants can apply to that User's posted jobs. A PrismHR Hiring sponsored job listings page will be formatted with the User's company name or designated URL followed by ".prismhr-hire.com" (for example, a User who creates an account for their company XYZ Inc. might have a job listings page at the URL "https://xyz-inc.prismhr-hire.com").

PrismHR Hiring has not reviewed, and cannot review, all of the material posted to the Website, including job listings posted by its Users, and disclaims responsibility for that material’s content, use or effects. If you encounter any material posted to the Website that you feel is inappropriate or questionable, please contact support@prismhr-hire.com.

Users of PrismHR Hiring's software may utilize the software to send emails and otherwise communicate with applicants. PrismHR Hiring has not reviewed, and cannot review, communications in any format between its Users and Users' applicants. PrismHR Hiring disclaims any responsibility for any and all communications between its Users and Users’ applicants. If you feel that any communications you receive from Users of PrismHR Hiring software sent on behalf of our Users contain any material that is questionable, please contact support@prismhr-hire.com. Email communications powered by PrismHR Hiring that are sent on behalf of our Users can be identified by a footer in the email characterizing the email as sent by PrismHR Hiring on behalf of a User.

Employers should never ask applicants for payment of any kind. If you receive a request for payment of any kind from a User of PrismHR Hiring, please contact us by email at support@prismhr-hire.com. If you believe yourself to be the victim of internet job fraud, you may file a complaint with the Internet Crime Complaint Center (IC3).